i539 denied, i129 still with initial review

[svbp]

Dear all
Me and my wife filed for my H1 and H4 extension. I got a RFE on my H1 which was replied and my attorney was confident that the visa will be accepted. Yesterday as I was checking my case status, I got the message premium processing clock stopped for me with status on initial review and for my wife's I539 - it says a denial notice has been sent. My attorney has not received any information yet. My question are
1, Has anyone got I129 approved with I539 denied
2, our extensions were applied on a timely manner but both our I94 expired on 7/25/2013. Will unlawful stay starts from 7/26 or date of denial which is 9/13
3, If denied can we file a MTR and leave for home country? does filing a MTR keeps us from accruing unlawful presence?

Appreciate your suggestions. Thank you

[jairichi]

Dear all

Me and my wife filed for my H1 and H4 extension. I got a RFE on my H1 which was replied and my attorney was confident that the visa will be accepted. Yesterday as I was checking my case status, I got the message premium processing clock stopped for me with status on initial review and for my wife's I539 - it says a denial notice has been sent. My attorney has not received any information yet. My question are

1, Has anyone got I129 approved with I539 denied

2, our extensions were applied on a timely manner but both our I94 expired on 7/25/2013. Will unlawful stay starts from 7/26 or date of denial which is 9/13

3, If denied can we file a MTR and leave for home country? does filing a MTR keeps us from accruing unlawful presence?

Appreciate your suggestions. Thank you

(2) I believe from 9/13. You have to exit US to stop accumulating unlawful stay.

(3) Yes, you can. Your employer's attorney would be the best person to judge your chances.

What is RFE about?